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What are 2 common examples of Promissory Estoppel? - - correct
answer✨✔✔ 1. Subcontractor bids 2. Teaming relationships
What case is this?
- Party sues for lost profits ($3-4 million)
- 5th Circuit found material facts in dispute that allowed party to
maintain a promissory estoppel theory.
- - correct answer✨✔✔ Metroplexcore V. Parsons Transportation
Group (2014)
_____ Damages: Award what was reasonably expected from the
contract. - - correct answer✨✔✔ Expectation
_____ _____: When expectation damages not available, award what
party would have had if contract had not existed. - - correct
answer✨✔✔ Rescission Damages
,Damages cannot be speculative, and must be proven to a _____ degree
of certainty. - - correct answer✨✔✔ reasonable
The contract may NOT impose limitations on what can be claimed.
True or False? - - correct answer✨✔✔ False
- Liquidated damages.
- Limitations of liability.
- Improper default terminations.
- No damages for delay.
- Waivers of consequential damages.
These are all examples of Contractual _____. - - correct
answer✨✔✔ Limitations
______ Damages: Arise from the consequences of a breach. - - correct
answer✨✔✔ Consequential
_____ Damages create substantial financial exposure if something goes
wrong. - - correct answer✨✔✔ Consequential
Consequential Damages demonstrates the importance of Contractual
______. - - correct answer✨✔✔ Waivers
,Consequential Damages are distinct from "_____" Damages. - - correct
answer✨✔✔ Direct
Direct Damages or Consequential Damages?
_____ ______ & _____ _____: If contract's subject is unique, a court
may order that the breaching party perform its obligations under that
contract (specific performance) or stop doing something (injunction). - -
correct answer✨✔✔ Specific Performance & Injunctive Relief
_____ _____: Award of a reasonable sum of money (i.e., "what the
claimant deserved") - - correct answer✨✔✔ Quantum Meruit
"Lost Profit on the project" - - correct answer✨✔✔ Direct
Damages
Direct Damages or Consequential Damages?
"Cost or repair the damage to the project." - - correct answer✨✔✔
Direct Damages
Direct Damages or Consequential Damages?
, "Rental of temporary generator to meet power needs on project" - -
correct answer✨✔✔ Direct Damages
Direct Damages or Consequential Damages?
"Damages to customers." - - correct answer✨✔✔ Consequential
Damages
Direct Damages or Consequential Damages?
"Rental of temporary generator to provide power for the Owner to meet
its customer's needs." - - correct answer✨✔✔ Consequential
Damages
_____ Application: Owner needs to pay once for items negligently
omitted. - - correct answer✨✔✔ Practical
Limitations of liability can impact recovery.
True or False? - - correct answer✨✔✔ True
Even if professional negligence is proven, damages recoverable are
impacted by the _____ _____. - - correct answer✨✔✔ Betterment
Theory